Judgment

N.P. SINGH, J.- Leave granted.

2. This appeal has been filed on behalf of the State of West Bengal, against an order passed by the High Court, directing the State Government, to give the same pay scale and other benefits, which are payable to the Constables of the West Bengal Police Force, to the writ petitioner-respondents (hereinafter referred to as the respondents), who are the members of the West Bengal National Volunteer Force.

3. The respondents were employed as Agragamies otherwise called Volunteers attached to Biswakarama Battalion. According to respondents, as they have been appointed in accordance with the provisions of the West Bengal National Volunteer Force Act, 1949 (hereinafter referred to as the Act) and as they have been performing the duties of Constables while maintaining law and order, they should be treated on a par with the police Constables of West Bengal; they are entitled to the same scale of pay and other benefits which are payable to such Constables. It was pointed out on their behalf, that the revised scale of pay introduced by the Government, for the National Volunteers, was highly discriminatory in nature and different from the members of the West Bengal Police Force although the respondents not only perform the duties of Constables while maintaining law and order, but perform even the duties of brick-laying, carpentry, painting, plastering, flooring, pumping and electrical wiring. They have to construct roads and highways as well, apart from guarding the vital installations.

4. A learned Judge on the principle of "equal pay for equal work", directed the State Government to consider the case of the respondents, in the light of the judgment of the same court in the case of Madan Mohan Sen v. State of W.B. {F.M.A.T. No. 1841 of 1986, decided on Nov. 21, 1990 (Cal HC)} in which the High Court had directed to pay the Agragamies, who were the members of the West Bengal Civil Emergency Force, the scale of pay and benefits, which were payable to the firemen in the West Bengal Fire Service. The Division Bench, affirmed the direction given by the Single Judge, saying that as the Agragamies have been performing and discharging the duties of the Constables, they were entitled to the same scale of pay and other allowances, which are payable to the Constables of the West Bengal Police Force; the denial of said scale and benefits amounted to discrimination within the meaning of Article 14 of the Constitution.

5. On behalf of the appellant-State, it was pointed out by a reference, to the comparative data which had been filed before the High Court regarding the Agragamies in the West Bengal National Volunteer Force and the Constables in the West Bengal Police Force, that Agragamies are recruited from amongst the trained members of the National Volunteer Force, or from amongst the ex-servicemen, whereas the Constables in Police Force are recruited on selection, by process of direct recruitment. The qualification prescribed for Agragamies is Class VI passed, whereas for Constables the qualification is Class VIII passed. There is also difference in the minimum physical standard required for the two. The duty to be performed by the Agragamies are (1) to aid the police force to meet law and order situation, (2) to attend emergencies on call, in times of Dock Strike, Corporation Strike and similar other situation of unrest, (3) to attend emergency duties in times of natural calamities e.g. flood, storms, earthquake etc., and (4) to guard vital installations in Union/State Undertakings, e.g., DPL, DCL, RCFA, WBSEB and Water Treatment Plants, etc. whereas the duties of the Police Constables, are maintenance of law and order and prevention of crime. It further appears that Agragamies are Class IV employees in the State Government Service, while Constables are Class III employees.

6. In the Act "Force" has been defined to mean West Bengal National Volunteer Force. "Volunteer" has been defined under Section 2(g) to mean